DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 91188--------------------------------------------------
Letter from Courts - URGENT
DIR By: Rosa52
Date: September 23, 2025, 3:24 pm
---------------------------------------------------------
URGENT HELP NEEDED, PLEASE!
Have just returned home after many days away (taking care of a
relative), to find a Court letter dated 9/9/25. Since the 14 day
deadline is close, I assume AoS needs to be sent out soonest? I
would be grateful for clarification of the cut-off dates, and
how to send off the AoS with correct details, please.
This is all due to a Parking Charge notice issued to me as
Registered Keeper by Group Nexus(GN), because Driver of vehicle
overstayed at a Motorway services car park on 11/12/2024.
Driver stopped at Leigh Delamere services due to an attack of
Migraine coming on, and needing to take medication to prevent it
getting worse. Since a long drive was ahead, and bouts of
Migraine affected vision, the Driver decided it was best for
safety reasons, to rest a while sitting in the car until the
Migraine had passed, before continuing the journey.
Not expecting to stay long, the Driver had not paid attention to
time of arrival, was wholly unaware that parking restrictions
existed at this site, and was only focused on getting rid of the
Migraine attack, to be able to resume the journey. After some
time, when the Migraine had receded, Driver went in to use the
facilities, purchased a coffee, and headed off.
Until informed of communication received from GN dated 23/01/25,
Driver was not aware that free parking was restricted to 2 hours
at this service station. (Said not seen any signs near where car
had been parked).
GN had sent a Parking charge reminder dated 23/01/25 to me as
Registered Keeper, in which they stated that documents dated
19/12/24 & 06/01/25 had also been previously issued. As I had
not received those (Christmas time mail issues?), on 30/01/25 I
wrote a short letter to GN about that.
Had no reply from GN, but thereafter, debt recovery letters from
DcbL followed over next weeks.
As RK, on 03/3/25 I wrote to GN referring to my letter of
30/01/25 not getting a response, and (using advice given on this
forum), requesting a copy of original parking charge notice
since the burden of proof was on them.
Received very brief letter dated 03/04/25 from CP Plus stating
"the time within which to appeal has now expired". I was not
aware of this firm's connection to GN until this letter, but was
unhappy that they were not following due process, and quite
unconcerned that someone had been denied the appeal system.
Letter of Claim from DcbLegal dated 6/8/25 had arrived (again,
while I was away), and I had very little time for the response
(using advice from this forum's Moderators), which was emailed
through on 4/9/25. The automatic reply stated that they "aim to
respond to correspondence where required as soon as possible".
Nothing thus far.
Now the letter from Courts needs managing, and with so little
time to respond I'm in a panic, and desperately need your
advice, please.
With grateful thanks in advance.
(PS: Will upload all earlier correspondence for your perusal
later tonight).
#Post#: 91196--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: DWMB2
Date: September 23, 2025, 4:38 pm
---------------------------------------------------------
You can do the Acknowledgement of Service online which will
allow some more time to look at the defence.
#Post#: 91236--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: Rosa52
Date: September 24, 2025, 5:43 am
---------------------------------------------------------
Thank you very much, DWMB2, for your quick response. My
internet connection is sketchy & keeps dropping, so not been
able to upload documents yet.
Do I fill in an online form for AOS (ticking box 1) ?
Should that be on www.moneyclaim.gov.uk as indicated on the
material received or AOS
CNBC[member=6517]justice[/member].gov.uk
Also, with 9/9/25 being issue date on Claim Form, which are the
actual deadlines for 14 days, and 28 days? (Unsure if only
working days are counted).
Appreciate your help.
#Post#: 91294--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: b789
Date: September 24, 2025, 8:58 am
---------------------------------------------------------
Slow down and stop panicking. You have plenty of time. The claim
is not even served until 5 days after issue and it is only then
that the clock starts ticking. Any deadline that is on a
non-working day is advanced to the next working day.
With an issue date of 9th September you have until 4pm on Monday
29th September to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 13th October to submit your defence.
You only need to submit an AoS if you need extra time to prepare
your defence. If you want to submit an AoS then follow the
instructions in this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Until very recently, we never advised using the MCOL to submit a
defence. However, due to recent systemic failures within the
CNBC, we feel that it is safer to now submit a short defence
using MCOL as it is instantly submitted and entered into the
"system". Whilst it will deny the use of some formatting or
inclusion of transcripts etc. these can always be included with
the Witness Statement (WS) later, if it ever progresses that
far.
You will need to copy and paste it into the defence text box on
MCOL. It has been checked to make sure that it will fit into the
122 lines limit.
--- Quote ---
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible cause of action.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not adequately comply
with CPR 16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> (a) The contract referred to is not detailed or attached to
the PoC in accordance with PD 16, para 7.3(1);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts);
>
> (d) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without specificity.
>
> 4. The Defendant submits that courts have previously struck
out materially similar claims of their own initiative for
failure to adequately comply with CPR 16.4, particularly where
the Particulars of Claim failed to specify the contractual terms
relied upon or explain the alleged breach with sufficient
clarity.
>
> 5. In comparable cases involving modest sums, judges have
found that requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, strike-out was deemed appropriate. The Defendant
submits that the same reasoning applies in this case and invites
the court to adopt a similar approach by striking out the claim
due to the Claimant’s failure to adequately comply with CPR
16.4, rather than permitting an amendment. The Defendant
proposes that the following Order be made:
>
> Draft Order:
>
> Of the Court's own initiative and upon reading the particulars
of claim and the defence.
>
> AND the court being of the view that the particulars of claim
do not adequately comply with CPR 16.4(1)(a) because: (a) they
do not set out the exact wording of the clause (or clauses) of
the terms and conditions of the contract which is (or are)
relied on; and (b) they do not adequately set out the reason (or
reasons) why the claimant asserts that the defendant was in
breach of contract.
>
> AND the claimant could have complied with CPR 16.4(1)(a) had
it served separate detailed particulars of claim, as it could
have done pursuant to PD 7C, para 5.2, but chose not to do so.
>
> AND upon the Court determining, having regard to the
overriding objective (CPR 1.1), that it would be
disproportionate to direct further pleadings or to allot any
further share of the Court’s resources to this claim (for
example by ordering further particulars of claim and a further
defence, with consequent case management).
>
> ORDER:
>
> 1. The claim is struck out.
>
> 2. Permission to either party to apply to set aside, vary or
stay this order by application on notice, which must be filed at
this Court not more than 7 days after service of this order,
failing which no such application may be made.
--- End Quote ---
#Post#: 91965--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: Rosa52
Date: September 29, 2025, 6:42 am
---------------------------------------------------------
Thank you, b789, for your comforting message.
As I'm elderly (thus slow), and not technologically adept I
decided to buy time by completing the AOS on MCOL.
I have attempted to forward all correspondence received and sent
for your perusal, but that has not yet been successful.
Tomorrow I will seek to obtain help from a young person to send
them on to you.
In the meantime, thanks to you all.
#Post#: 91988--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: b789
Date: September 29, 2025, 7:54 am
---------------------------------------------------------
If you have managed to submit an AoS using MCOL, then you can
also submit that defence using it. However, I understand your
predicament regarding your lack of technological acuity. If you
prefer to wait until you can get someone more adept, then it is
not a problem.
Having submitted your AoS, you now plenty of time to submit the
defence.
#Post#: 92641--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: Rosa52
Date: October 2, 2025, 7:10 pm
---------------------------------------------------------
Thank you.
Attached are copies of all correspondence received and sent, for
your information.
(BTW - Imgur is no longer active for UK users from 30.09.25 so I
have found an alternative image hosting website which can be
accessed via this link:
HTML https://postimg.cc/gallery/MTBsbdW
)
#Post#: 92690--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: b789
Date: October 3, 2025, 8:04 am
---------------------------------------------------------
Thank you. Have you submitted the defence yet?
#Post#: 93546--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: Rosa52
Date: October 9, 2025, 6:06 pm
---------------------------------------------------------
Hello b789,
Yes, I have now submitted the suggested defence via MCOL.
Does the response come in the post or by email?
I'm away from home for a few days, and am concerned that if
allowed response time is less than a week, I might miss the
deadline....
I trust the documents forwarded were received?
#Post#: 93586--------------------------------------------------
Re: Letter from Courts - URGENT
DIR By: jfollows
Date: October 10, 2025, 7:26 am
---------------------------------------------------------
You do not need to panic.
In due course you will receive a N180 from DCB Legal and, later,
a court letter giving you a date by which you have to supply
your own. A few days’ absence will not matter, you will still
have plenty of time. You may, however, want to prepare your own
N180 now but do not submit it yet, per the following guidance:
--- Quote ---
> Having received your own N180 (make sure it is not simply a
copy of the claimants N180), do not use the paper form. Ignore
all the other forms that came with it. you can discard those.
Download your own here and fill it in on your computer. You sign
it by simply typing your full name in the signature box.
>
>
HTML https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
>
> Here are the answers to some of the less obvious questions:
>
> • The name of the court is "Civil National Business Centre".
>
> • To be completed by "Your full name" and you are the
"Defendant".
>
> • C1: "YES"
>
> • D1: "NO". Reason: "I wish to question the Claimant about
their evidence at a hearing in person and to expose omissions
and any misleading or incorrect evidence or assertions.
> Given the Claimant is a firm who complete cut & paste parking
case paperwork for a living, having this case heard solely on
papers would appear to put the Claimant at an unfair advantage,
especially as they would no doubt prefer the Defendant not to
have the opportunity to expose the issues in the Claimants
template submissions or speak as the only true witness to events
in question.."
>
> • F1: Whichever is your nearest county court. Use this to find
it:
HTML https://www.find-court-tribunal.service.gov.uk/search-option
>
> • F3: "1".
>
> • Sign the form by simply typing your full name for the
signature.
>
> When you have completed the form, attach it to a single email
addressed to both dq.cnbc[member=6517]justice[/member].gov.uk
and info@dcblegal.co.uk and CC in yourself. Make sure that the
claim number is in the subject field of the email.
--- End Quote ---
*****************************************************
Page 1 of 3
DIR Next Page